Local Members' Interest - Staffordshiremoderngov.staffordshire.gov.uk/documents/s70704/Walleys Quarry... · Local Members' Interest Mr. S. Tagg Westlands and Newcastle - ... 15. The

Local Members' Interest

Mr. S. Tagg

Newcastle - Westlands and Thistleberry Thistlebury

PLANNING COMMITTEE – 4 June 2015 MINERAL COUNTY MATTER Newcastle under Lyme; N.12/09/216 MW

Date Received: 8 November 2012, 9 July 2013, 10 July 2013, 6 March 2014 and 14 April 2014.

Lafarage Aggregates (now known as Lafarage Tarmac) Ibstock Brick Ltd for a First Periodic Review of Conditions (under the Environment Act 1995) of permission IDO/N/1 at Walleys Quarry Landfill, Cemetery Road, Silverdale, Newcastle under Lyme.

Background to the Periodic Review of the Mineral Permission

1. Mineral planning permissions can be lengthy and the operations, the surroundings

and expectations about the environment and amenity can change.

2. After the end of World War II, the government concluded that it was important to establish a balance between the Country's need for minerals in the post-war reconstruction period and the need to avoid conflict with other land uses and the protection of amenity. The Town and Country Planning (General Interim Development) Order 1946 withdrew previous permitted development rights for surface mineral working. From October 1946, most new surface mineral working needed an express grant of permission from the interim development authority. Interim Development Order permissions (known as ‘IDOs’) granted after 21 July 1943 and before 1 July 1948 have been preserved by legislation as valid planning permissions by various planning acts in respect of development which had not been carried out by 1 July 1948.

3. The Planning and Compensation Act 1991 (‘the 1991 Act’) required applications to register old mineral permissions by 25 March 1992. If no applications were made, then the permission would cease to have effect. These applications had to include a scheme of operating and restoration conditions for approval (known as a Scheme of Conditions’).

4. Following on from the 1991 Act, the Environment Act 1995 introduced a requirement

to Review Old Mineral Permissions (known as ‘ROMPs’) and thereafter to carry out Periodic Reviews of the mineral permissions at least every 15 years. The IDO, ROMP and Periodic Review processes have therefore provided an opportunity to review the mineral planning permission to ensure that modern standards are maintained.

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5. This case involves the Periodic Review of the conditions of the IDO permission that were first updated by the Secretary of State for the Environment, Transport and the Regions in 1997 following an appeal and the completion of a Section 106 Legal Agreement in 1998. A ‘Scheme of Conditions’ has been submitted by the applicant containing proposed conditions to update the current IDO permission. The role of the Mineral Planning Authority is to consult on the Scheme of Conditions and determine whether or not there is a need to amend or to add to the proposed conditions. According to Government advice:

‘The applicant can claim compensation as a result of any reviews of planning conditions where:

1. the mineral planning authority determines conditions different from those

submitted by the applicant; and

2. The effect of new conditions, other than restoration or aftercare

conditions, is to prejudice adversely to an unreasonable degree either

the economic viability of the operation or the asset value of the site,

taking account of the expected remaining life of the site.’

An applicant can also appeal against the conditions that the Mineral Planning Authority may seek to impose (ref. National Planning Practice Guidance - Minerals – Review of mineral planning conditions – ‘Coverage and frequency of periodic reviews’ (paragraphs 211 and 213)).

6. In addition if the MPA determines conditions different from those submitted by the applicant it must be stated, whether or not, the effect of the restriction would be such as to prejudice to an unreasonable degree either the economic viability of the operations or the asset value of the site. The National Planning Practice Guidance (NPPG) explains that Mineral Planning Authorities should discuss the proposed conditions with the operator to determine whether the proposed conditions would have an impact on the economic viability of the operation and asset value of the site. If this is the case, the conditions should be modified or a separate notice should be issued (ref. National Planning Practice Guidance - Minerals - Review of mineral planning conditions – ‘Coverage and frequency of periodic reviews’, What steps should the minerals planning authority take if it considers that the review of conditions would impact on working rights? (paragraph 214)). Appendix 1 contains the proposed conditions and the recommended amendments and Appendix 2 sets out in full Staffordshire County Council’s recommended conditions. The County Council has discussed the proposed conditions with agents acting for the applicant (David L. Walker Limited) and they have confirmed that the conditions are acceptable subject to the understanding that the tipping of non-hazardous wastes is permitted until 2026 and thereafter until the expiry of the consent or completion of the final restoration tipping can continue but with inert waste materials. The County has also put heads of terms to update the Section 106 Legal Agreement and the applicant has agreed to them as part of a ‘Unilateral Undertaking’ (see ‘The need to review and update the Section 106 Legal Agreement’ later).

7. The process of determining schemes of conditions is very similar to that for processing planning applications except that the scheme cannot be refused. The

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proposals have to be checked and registered, consultations sent out and the scheme publicised. The conditions have to be determined in accordance with the development plan policies and proposals and any other material planning considerations including the National Planning Policy Framework, National Planning Practice Guidance, emerging planning policies, consultation responses and representations received.

8. The National Planning Practice Guidance explains that operators are allowed to continue operating sites in accordance with the existing planning conditions that apply to the planning permission until the new conditions have been issued (National Planning Practice Guidance - Minerals Review of mineral planning conditions – ‘Coverage and frequency of periodic reviews’, What conditions are in place until a review is completed? (paragraph 193)).

9. The Periodic Review submission was accompanied by an Environmental Statement (ES). The ES (and the environmental information subsequently received), that has been considered in reaching a recommendation, is summarised in Appendix 3. Summary of the Permitted Operations

10. Our records indicate that clay extraction from the 23.5 hectare site ceased in 2007. The current permitted operations now relate solely to the progressive restoration of the site by landfilling with waste materials. The landfilling operations are also regulated by the Environment Agency (Environmental Permit ref. EPR/BR9677IT dated 6 June 2005 and most recently varied on 15 July 2014 ref. EPR/BR9677IT/V007).

11. Condition 2 of the IDO permission requires the wining and working of minerals, the extraction of minerals from stockpiles and the depositing of waste to cease on or before 21 February 2042. However, condition 3 requires the deposit of non-special waste to cease no later than 2022 of 20 years from the first date on which the non-special waste materials are tipped following 1 January 2001. According to our records the landfill operations commenced on 1 January 2007 and the ES estimates that about 4.8 million cubic metres of waste material would be necessary to achieve the final restoration of the quarry over a 20 year period i.e. by 2027 (at a rate of 250,000 cum per year). The Environmental Permit includes the same time frame.

12. The submitted plans show seven landfill cells. The proposed conditions retain the end date of 2042, even though the disposal of ‘non-special waste’ would cease by 2027. According to the ES, the remaining 15 years to 2042 would be required to achieve the final restoration of the site with inert waste materials.

Pre-waste infilling operation

13. Prior to the commencement of the deposit of waste in each cell, a layer of low permeability clay is deposited. Operational cells are separated from non-operational cells by internal cell walls constructed from low permeability clay. This barrier prevents the movement of leachate towards unlined areas of the quarry void.

14. As part of this stage, leachate drainage and groundwater control infrastructure, and gas extraction wells are also installed within each cell. Separate planning permissions have been granted for landfill gas utilisation equipment to generate



electricity. A leachate treatment plant has also been constructed in accordance with Part 19 (Class A) of the General Permitted Development Order 1995. Landfill Operations

15. The imported waste is subject to a visual inspection on the weighbridge (any unsuitable waste is rejected) and details of the quantities and types of waste are recorded.

16. The imported waste is deposited in a cell and spread in layers that are no greater than 2 metres in thickness after initial compaction. Any large items of waste are crushed and combined with other wastes, then deposited within a cell. Post waste infilling operations

17. Following the completion of infilling operation in each cell, the cell is ‘capped’ with low permeability clay measuring at least 1 metre in thickness. The cells are capped to prevent rainfall infiltration, leachate generation and the emission of landfill gas. Site Restoration

18. The site would be restored progressively to agriculture, conservation grassland and woodland. Following the completion of the restoration, the site would be subject to a statutory 5 year period of aftercare. A separate permission has been granted for a landfill gas utilisation compound in 2009 which was extended in 2013. This facility would be retained until the landfill site stops emitting sufficient gas to operate the gas engines that generate electricity. Site and Surroundings

19. The application site is located approximately 1.5km west of Newcastle-under-Lyme town centre and 1.5km east of Silverdale. The site is bounded to the west and south west by Cemetery Road with industrial premises beyond and open land directly to the east.

20. The nearest residential properties are located on Cemetery Road (Residential Caravan Site) which are 10 metres from the boundary of the site.

21. Since the IDO was issued in 1994, a new housing estate has been developed on land between the site and Orme Road (including Gallingale View, Gadwall Croft, Barnacle Place, Brent Close, Reedmace Walk, Snowgoose Way, Greylag Gate). The County Council objected to the planning permission granted by Newcastle under Lyme Borough Council at the time. The closest property new housing estate is 85 metres to the south east of the site. Relevant Planning History

22. On 9 September 1992, an ‘Interim Development Order’ (IDO) permission was formally registered and approval was sought for a Scheme of Conditions (ref. IDO/N/1).

23. The Scheme of Conditions was reported to the County Council’s Planning Committee where it was resolved to amend several conditions and an amended IDO Scheme of Conditions was issued on 17 June 1994. This decision was appealed and the Secretary of State for the Environment, Transport and Regions approved the conditions on 14 November 1997. The permission was also subject to Section 106 Legal Agreement which was completed on 15 July 1998.

24. Retrospective permission for the retention of a mess room and ancillary facilities comprising storage areas and a fuel tank within a compound was granted in July 2007 (ref. N.07/04/216 MW). Permission was granted in 13 March 2009 for the construction of a landfill gas utilisation compound to control and convert gas into electricity (ref. N.09/01/216 MW), and permission for an additional gas engine was granted in October 2013 (ref. N.13/04/216 MW).

25. A planning application was submitted in 2013 to Newcastle under Lyme Borough Council (NBC) for 118 dwellings on ‘Hamptons Metal Merchants’ which is adjacent to the landfill site (ref. NBC ref. 13/00543/FUL). The County Council objected to this application on the grounds that the proposed development had the potential to constrain future operations, or to restrict any environmental improvements that may be necessary in the future and could also delay or even prevent the planned restoration of the quarry (ref. N.13/00543/FUL). This application was later withdrawn.

26. A revised application was submitted in 2014 for 138 dwellings on the same land (NBC ref. 14/00948/OUT). The County Council raised no objection subject to the Borough Council being satisfied, that there would be no unacceptable risks from pollution to any occupants of the proposed development as a result of the proximity to the neighbouring waste management facility; and the proposed development would not constrain the continued operation of the neighbouring waste management facility, or the timely restoration of the former quarry (ref. N.14/00948 WCA). Having implications of the development in close proximity to the landfill site Newcastle under Lyme Borough Council’s Planning Committee refused the application on 28th April 2015. The Development Plan policies and proposals relevant to this decision

27. The relevant development plan policies and other material considerations are referred to in Appendix 4. Findings of Consultations Internal

28. The Environmental Advice Team comments as follows: Landscape: The proposed landform is generally acceptable and the principle of restoration to species rich grassland and woodland is acceptable, however insufficient information has been submitted concerning the final restoration of the site. Amendments should be made to the restoration scheme to ensure that the landscape relates to the existing landscape pattern, creates connectivity and combines to enhance and regenerate the area. There is also an opportunity to incorporate additional habitat enhancement such as balancing ponds.




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Proposed Condition 26 should be revised to require the approval of a revised Restoration Plan which should include details of indicative phasing of the restoration and 5 years aftercare. Additional conditions should be included to require the approval of details of the balancing ponds (including sections and habitat enhancement) and for soil handling. Ecology: The Phase 1 habitat Survey report is thorough and comprehensive and indicates that there are no ecological concerns regarding the operational area. Conditions are recommended in line with the submitted reports concerning the protection of the woodland and ditch habitats; the submission of a management plan for the operational period (i.e. to come into operation before the aftercare period); for bat and bird surveys should any woodland be affected; and, for a water vole survey should the ditch on site be affected by works. Amendments to the Restoration Plan are required to improve its potential for biodiversity. Higher wildlife value would be achieved if the proposed woodland blocks were connected by hedgerows with trees or tree bands, allowing woodland animal species to move through the landscape. Revisions should also be made to the proposed plant species list. The Restoration Plan should include a concept design for the balancing ponds on site and associated drainage including indicative plant species. Amendments are required to the aftercare scheme and the scheme should commence following habitat/landscaping establishment. Consideration should also be given to the long-term management following the 5 year aftercare period.

Rights of way: There is an existing public footpath crossing the quarry site which does not appear to have been diverted or closed. The applicants should be advised to contact the Rights of Way team as soon as possible to discuss the current status and future reinstatement / permanent diversion of the right of way.

29. Transport Development Control (on behalf of the Highways Authority) – no objection.

30. Planning Regulation Team has no objection, subject to amendments to conditions to:

re-define the waste types (proposed Conditions 6 and 21);

amend the requirements to submit detailed information as some details have been submitted with the review and other details could left for later approval. (proposed Condition 6);

update the condition so that all waste carrying vehicles should be sheeted to ensure highway safety rather than ‘vehicles transporting mineral’ (proposed Condition 11);

to refer to noise sensitive properties in the condition (proposed Condition 16 and 17);

to ensure that the noise monitoring is undertaken in accordance with Appendix A of the Noise Report (Condition 18), and;

to specify the timescale for the removal of plant following landfilling and final

restoration (Conditions 29 and 30).

31. The Staffordshire County Council Noise Engineer – no objection subject to the amendments to the proposed noise condition. The submitted information indicates that the operations can generally be carried out in accordance with the appropriate guidelines. However, there are concerns about noise during the early morning period between 7.00 and 8.00am when background levels at one of the noise sensitive locations are low; making the use of the 55 dB LAeq 1 hour permitted level inappropriate. The noise report recommends that for this period of the day at Galingale View a lower permitted level of 48 dB LAeq 1 hour is used although the proposed condition did not include this recommendation. The Noise Engineer has confirmed that a noise limit of 48 dB LAeq 1 hour should be used at Galingale View for the morning period. External

32. Newcastle under Lyme Borough Council Environmental Health commented as follows: Noise: The EHO raised a number of points concerning the submitted noise survey which have subsequently been addressed by the applicant. The EHO also provided comments on the proposed conditions, and indicated that conditions 4 (Limit of Workings); 5 (Hours of Working); 14 and 18 (Control of Noise) were acceptable and recommended that amendments be made to the noise conditions 16 and 17. Condition 16 should be amended to reflect the noise limits for noise sensitive properties stated in the assessment submitted in accordance with the NPPF Technical Guidance (now contained in the NPPG- ‘What are the appropriate noise standards for mineral operators for normal operations?’). Condition 17 relating to the construction and removal of soil bunds should be amended to ensure that the levels stated in the assessment should not be reached for more than 8 weeks in any calendar year. Air quality: The Environmental Assessment has not assessed the potential impact of PM10 and fugitive dust emissions on properties downwind of the site particularly the Keele Road Estate. However, the EHO acknowledged that this matter is regulated by the Environment Agency’s Environmental Permit and it would not be appropriate to seek further controls. Dust: The dust mitigation measures referred to in the proposed condition are considered to be standard for this type of operation. A condition should be included to require the submission of a dust monitoring scheme supported by an appropriate sampling and assessment methodology. The scheme should be submitted within 3 months of the issue of the decision and the results should be made available upon request. The EHO has also recommended that should the results of the dust monitoring protocol exceed agreed thresholds of acceptability, best practicable means should be employed to mitigate the effects of dust. Any steps taken should be recorded and made available on request. Odours/fumes and Landfill gas management and monitoring: The EHO acknowledged that these matters are also regulated by the Environment Agency’s Environmental Permit and it would not be appropriate to seek further controls.

33. Environment Agency – no objection subject to amendments to Condition 23 relating to the discharge of foul or contaminated surface water.

34. Coal Authority – no objection but pointed out that the site is in a coalfield area that has been subject to past coal mining activity and is in an area where surface coal resources still exist. Views of District/Parish Council

35. Newcastle under Lyme Borough Council ‘express its strong concern and view’ that:

odour emissions need to be addressed in this review of planning conditions;

the views of the Borough Council’s Environmental Health Officer should be considered;

the conditions should control the waste operations to ensure that it does not have an adverse impact upon the surrounding area particularly in terms of visual and residential amenity;

consideration should be given when wording the appropriate noise monitoring condition to include consideration of the current residential development proposals adjacent to the quarry (ref. 13/00543/FUL) or possible similar proposals in the future and the noise monitoring condition should be amended to refer to monitoring at the western edge of the site, rather than at properties in the Gallingale View and Gadwall Court [Newcastle under Lyme Borough Council EHO confirmed in June 2014 that the application had been withdrawn (a further application was made in 2014 - see Planning History above)].

Publicity and Representations Received

36. Site notice: YES Press notice: YES

37. 272 neighbour notification letters were sent out and 4 representations have been received (3 objecting and 1 in support).

38. The 4 representations are summarised below: Objections

Odours from the site;

Birds from the site;

The close proximity to housing;

Concerns about public health;

Concern about the operating hours (the Environmental Statement does not include limits for evening and night-time periods);

Concern that nuclear waste would be deposited in the site [There is no permission for the disposal of such waste which in any event is the subject of very tight regulation]; and,

Concern about the recommendations from Newcastle Borough under Lyne Council.

Support

The odours that are supposedly emanating from this quarry were caused by the ‘Hollywood Lane Spoil Tip Fire’.

The Applicant’s Case

39. The applicant has indicated the updated Scheme of Conditions contained within the Environmental Statement ‘proposes greater environmental protection, consistent with the requirements of the 1995 Environment Act and guidance contained within Minerals Planning Guidance Note 14 (MPG14)’ [now replaced by the National Planning Practice Guidance] and also ‘reflect central governmental advice that such new conditions should provide important environmental safeguards expected on a modern planning permission for mineral extraction. Observations

40. It is important to understand that the details subject to consideration in this report do not constitute a planning application but rather a revised Scheme of Conditions which seeks to update and replace the existing planning conditions covering the mineral working and restoration operations at Walleys Quarry that were first updated by the Secretary of State in 1997 and subject to a Section 106 Legal Agreement that was signed in 1998 (see Background earlier). As such planning permission already exists for the quarrying activities and therefore any new conditions should seek to avoid any impact on the economic viability of the further working quarry as this may give rise to compensation claims.

41. Appendix 1 contains the applicant’s proposed conditions and the County Council’s comments/modifications and Appendix 2 sets out in full the County Council’s recommended conditions. Your officers have discussed the recommended conditions with agents acting for the applicant (David L. Walker Limited) and they have confirmed that the conditions and heads of terms for a Unilateral Undertaking to update the Section 106 Legal Agreement are acceptable to their client.

42. Having given careful consideration to the proposed Scheme of Conditions, the supporting information and environmental information in the Environmental Statement or subsequently received, the relevant development plan policies and other material considerations, the consultation responses and representations received, all referred to above, the key issues are considered to be:

The need to update the planning conditions; and

The need to update the existing Section 106 Legal Agreement. The need to update the planning conditions

43. All mining sites are subject to periodic reviews of planning permissions and as

indicated above, the guidance indicates that Mineral Planning Authority should only ‘seek a review of planning conditions when monitoring visits have revealed an issue that is not adequately regulated by planning conditions, which the operator has been

made aware of and has not been able to address’ (ref. National Planning Practice Guidance - Minerals ‘Coverage and frequency of periodic reviews, ‘How frequently should reviews take place?’ (paragraph 192’)).

44. Government guidance also explains that conditions will vary on a case by case basis, but should include conditions to define the type of mineral (waste in this case); the nature and extent of existing working (or landfilling in this case); the location of the site (or the limits to the landfilling in this case); the length of time that minerals extraction has taken place (or the remaining time to restore the site in this case) , the land quality and proposed after-use (or the restoration and aftercare requirements in this case); and, the availability of suitable restoration materials (or the progress of the restoration in this case) (ref. National Planning Practice Guidance - Minerals - ‘Review of minerals planning conditions, ‘What types of conditions will be appropriate?’ (paragraph 194)).

45. The review of the Walleys Quarry Landfill planning permission would not result in different activities taking place on site. The applicant has confirmed that clay extraction has ceased and that the site would be restored using waste material to ‘conservation grassland and woodland’ (paragraph 2.2.1 of the ES). The submitted Final Restoration plan (drawing W31/ROMP/12/04B) shows species rich grassland, woodland and shrub planting and balancing ponds’.

46. The applicant has proposed a revised Scheme of Conditions, accompanied by an Environmental Statement (ES). Your officers have reviewed the conditions and the ES and recommended modifications and additional conditions where necessary to update the planning conditions (see Appendices 1 and 2).

47. The applicant has also confirmed that all aspects of operations at the site including amenity control measures, waste management procedures, environmental management, administration and record keeping are covered by the Environment Agency (Environmental Permit) and that the site is subject to regular monitoring and review by the Environment Agency.

48. Paragraph 144 of the NPPF indicates that local authorities should ensure in granting planning permission for mineral development that there are no unacceptable adverse impacts on natural and historic environment, human health… and also ensure that any unavoidable noise, dust and particle emissions…..are controlled, mitigated or removed at source and appropriate noise limits for extraction in proximity to noise sensitive properties are established. Guidance in the National Planning Policy for Waste (para 7, bullet point 5) also indicates that there should be an assumption that the relevant pollution control regime will be properly applied and enforced.

49. Mineral Local Plan Policy 12 also seeks to ensure that developments should not cause unacceptable adverse impacts. Emerging Mineral Local Plan 4 indicates that potential impacts from noise, air, including dust and fumes, visual intrusion, including light pollution, traffic will be considered where relevant. Waste Local Plan Policy 4.2 which is also relevant seeks to unsure that developments do not have an unacceptable impact. This policy indicates that where proposals have an unavoidable adverse effect on these natural and cultural assets, impacts should be minimised by design and layout.

50. The following sections discuss the key updates to the conditions.





The need to firm up the restoration and aftercare scheme

51. When the conditions of the planning permission were first updated in 1997, it was considered appropriate by the Secretary of State to include conditions to require the submission of a detailed restoration and aftercare scheme (condition 35) prior to the disposal of ‘non-special waste’.

52. The restoration and aftercare condition requires the site to be restored to agriculture, conservation grassland and woodland in accordance with a Restoration Plan (drawing no 14/4395/23) and for the following details to be submitted for approval:

the final pre-settlement and post settlement restoration contours, gradients and levels;

the programme for the progressive restoration of the site and the aftercare for a period of 5 years (including details of topsoil/subsoil and any tipping re-grading or re-soiling);

the phasing of the restoration;

the method of soil and soil-making materials replacement and treatment;

the cultivation and management of the site to achieve its restoration to nature conservation and woodland;

weed control;

measures to minimise damage in the event of drought or fire;

measures to replace failures of individual trees, shrubs and plant species; and,

the arrangements for the collection and disposal of surface water arising from the restoration of the site.

53. Our records show that a scheme was submitted in 2007, however this submission

was returned to the applicant in 2009 due to the lack of detailed information and the need to take account of the presence of the landfill gas utilisation plant which was permitted in March 2009.

54. As part of this review, the applicant has submitted a Final Restoration Plan (drawing W31/ROMP/12/04B) and provided more details in Section 3.8 of the Environmental Statement. The details show that the site would be restored to species rich grassland with woodland, shrub areas and balancing ponds (eight in total).

55. Paragraph 144 of the NPPF indicates that local authorities should provide for restoration and aftercare at the earliest opportunity to be carried out to high environmental standards, through the application of appropriate conditions. Mineral Local Plan policy 9 indicates that extraction and restoration should take place in ‘phases’ wherever practicable to ensure that the period for which the land is in use for mineral development before being restored is minimised. The emerging Minerals Local Plan policy 4.5 also encourages mineral operators to introduce higher environmental standards during working, restoration and aftercare.

56. The Environmental Advice Team have indicated that amendments are required to the submitted restoration scheme to ensure that the proposed landscape relates to the existing landscape pattern and creates more connectivity to enhance the wildlife

value of the area. There is also the opportunity to incorporate additional habitat enhancement such as balancing ponds. It is therefore considered appropriate to amend proposed condition 26 to require a revised Restoration Plan to be submitted which requires more details of the phased restoration, changes to incorporate more landscape and habitat enhancement measures and a more detailed 5 year aftercare scheme.

57. Policy 6.3 of the emerging new MLP is also relevant. This policy will require

developers to regularly review their restoration strategy / plan at least every 10 years to ensure that it is up to date. Paragraph 7.64 of the new MLP explains that mineral development can be long term and it is sometimes the case that broad restoration strategies / plans can be approved initially with detailed plans / schemes drawn up nearer the time when restoration and aftercare is due to take place. The paragraph also explains that it may be necessary to require the restoration strategy to be regularly reviewed to ensure that it remains up to date and opportunities to enhance local amenity and the environment are maximised.

58. The County Council’s Principal Ecologist has also recommended that consideration should be given to the long-term management of the site following the 5 year aftercare period. Guidance concerning extended aftercare periods is included in Mineral Local Plan Policy MLP10 which indicates that management arrangement (above and above statutory aftercare requirements) would need to be secured by an appropriate legal agreement. It is considered to be reasonable and necessary, given the location and duration of the site that provision should be made for the long term aftercare (beyond the statutory 5 year period).

59. It is considered that due to the timescale remaining for the deposit of waste (permitted until 21 February 2042) that it is also reasonable and necessary to make provision to regularly review the restoration and aftercare requirements and for a period of extended aftercare. The applicant has indicated their acceptance in principle to this recommendation (see Appendix 1 – Proposed condition 26 and the County Council’s modification and also Appendix 2 – Conditions 37 to 39.)

60. Conclusion: Having regard to the above mentioned policies, guidance and consultee comments, it is reasonable to conclude that the operations can continue to be controlled with the introduction of modern conditions, including provision to review the restoration and aftercare scheme on a regular basis and to extend the aftercare beyond the statutory 5 year period as set out in Appendices 1 and 2. Noise

61. A noise report was submitted by the applicant which included background noise monitoring and noise predictions. Guidance in the NPPF (Section 13) indicates that local authorities should ensure that any unavoidable noise, is controlled, mitigated or removed at source and that appropriate noise limits are set to minimise the impact on noise sensitive properties. Mineral Local Plan policy 12 also seeks to ensure that developments should not cause unacceptable adverse impacts.

62. The Newcastle under Lyme Borough Council Environmental Health Officer (EHO) and Staffordshire County Council’s Noise Engineer both indicated that amendments to the proposed conditions are required to reflect the noise limits for noise sensitive properties mentioned in the submitted assessment. Newcastle under Lyme Borough

Council also indicated that as part of the noise monitoring condition consideration should be given to the prospect of further residential development near to the site. It is not considered appropriate to require the review of the monitoring arrangements to take account of any such possible future development. Moreover, our Waste Local Plan (policy 2.5) aims to safeguard existing waste management facilities by encouraging Local Planning Authorities not to allow development nearby which may constrain the permitted waste management operations.

63. Conclusion: Having regard to the above mentioned policies, guidance and consultee

comments, it is reasonable to conclude that the proposed noise conditions, in Appendix 1 conditions 14 to 18 and the County Council’s modifications and in Appendix 2 conditions 25 to 28, would ensure that the operation of the site can reasonably be controlled such that they would not give rise to any unacceptable adverse noise impacts.

Waste types

64. There have been changes to the definition/classification of waste since the planning conditions were first reviewed in 1997 due to changes in legislation. The conditions restricted waste types that could be accepted to the site:-

Condition 23 (Time Limit Waste Types [a]) states that prior to 1 January 2001; the waste should be restricted to reject bricks and tiles, excavated materials and process water. It is considered that this condition is now no longer necessary.

Condition 24 (Time Limit Waste Types [b]) states that from 1 January 2001; the type of waste material permitted to be imported to the site was confined to ‘non-Special industrial, construction, commercial, and demolition waste and mineral waste’.

Condition 25 states that no domestic waste should be imported to the site [this condition has not been included as part of the proposed conditions].

65. A number of significant pieces of European and National legislation have been

issued since 1997. For example the EU Landfill Directive (1999) and Environmental Permitting Regulations (2010)) have re-defined the landfill waste types as ‘inert, ‘non-hazardous’ and ‘hazardous’. The term ‘domestic waste’ is no longer used and the nearest equivalent is ‘municipal waste’ which the Environmental Permit refers to as ‘household waste and similar commercial and industrial and institutional wastes, including separately collected fractions’. Other changes include a requirement to pre-treat waste, an end to the mixing of hazardous waste with any other types of waste and an end to the deposit of liquid wastes before it is landfilled.

66. The applicant has proposed to amend the condition restricting the waste types to reflect those specified in the ‘Environmental Permit or such modification issued by the Environment Agency or other Competent Authority will be deposited at the site’ (see Appendix 1 – proposed condition 21). The Environmental Statement refers to ‘inert waste, together with non-hazardous industrial commercial wastes and stable non-reactive wastes’ (paragraph 3.2.1) and that full details of the waste types accepted are detailed in the Environmental Permit [The Permit provides a detailed list which includes inert waste, non-hazardous waste, and stable, non-reactive

hazardous wastes (which shall not be deposited in cells used for the disposal of biodegradable non-hazardous waste) (excludes tyres, liquid wastes).

67. The Planning Regulation Team had some concerns about the removal of a detailed description of the waste types and considered that there is the potential for changes to be made in the waste types without the knowledge of the County Council as the Mineral/Waste Planning Authority which could have an impact in land use planning terms.

68. Conclusion: It is reasonable to conclude that the condition to restrict the waste accepted at the site should be updated to be consistent with modern definitions (see Appendix 1 condition 21 and the County Council’s modification and also Appendix 2 conditions 8 and 9). The updated conditions now refers to ‘inert waste, together with non-hazardous industrial and commercial wastes and stable non-reactive hazardous wastes’ but retaining the restriction which prevents the importation of ‘domestic waste’ which is now referred to as municipal waste. Operating hours

69. A local resident raised concerns about the operating hours referred to in proposed conditions which do not include limits for evening and night-time periods as are required in the Technical Guidance to the NPPF [now found in the NPPG]. Proposed condition 5 does set a night time limit of 1900 (Monday to Fridays) and by 1300 on Saturdays (except in the case of emergencies). The proposed conditions indicate that no operations would take place after 1900.

70. There are separate controls concerning the operation of the landfill gas utilisation compound (ref. N.13/04/216 MW) and noise limits. Condition 9 of the planning permission indicates that site attributable noise emissions arising from the gas utilisation operations should not exceed 30 dB LAeq (5min) free-field at the nearest noise sensitive property between the night time hours of 11pm and 7am. This permission also required the submission of a noise monitoring scheme to ensure that operations can take place within the noise limits. This scheme was approved in August 2014 (ref. N.13/04/216 MW D1). Odour and ‘pest’ nuisance caused by the landfill operation

71. Local residents have indicated that the operation of the site has caused an odour

nuisance and a problem with wild birds. This matter was also highlighted by the Newcastle under Lyme Borough Council Environmental Health Officer, however the EHO acknowledged that in accordance with the guidance in PPS10 (paragraph 26) Local Planning Authorities should not control processes which are a matter for the pollution control authorities, in this case the Environment Agency. As such it is not considered necessary to include conditions to control odours or pests. It is considered appropriate to include an informative to ensure that measures are implemented concerning the control of birds on site to help reduce any nuisance. The need to review and update the Section 106 Legal Agreement

72. When the planning conditions were first reviewed in 1997 they were subject to the applicant/landowners and persons with an interest in the land entering into a Section

106 Legal Agreement (S106) which was signed in July 1998. The S106 requires that: a) all drivers of HGVs are issued with instructions detailing the approved ‘lorry

route’ [‘Restrictions of Development and Use’ - paragraph 1 of the S106]; b) a condition being included in contracts concerning the use of the an approved

route to transport materials to the site as required by paragraph 3 [‘Further Restrictions of Development and Use’ - paragraph 2 of the S106];

c) a sign be erected forbidding the use of routes not approved [‘Further

Restrictions of Development and Use’ - paragraph 2 of the S106]; d) details of a ‘lorry route’ to transport ‘approved materials to the site be submitted

for approval [‘Mechanism for determining Lorry Routes’ - paragraph 3 (a) of the Section 106 agreement];

e) the operator disciplines any driver not using the approved ‘lorry route’

[‘Mechanism for determining Lorry Routes’ - paragraph 3 (b)of the S106]; f) no winning or working of mineral or extraction of mineral from stockpiles after

31 December 2010 other than the wining, working or extraction of minerals for site engineering works, preparation, cover and restoration of landfill [‘Mineral Extraction’ - paragraph 4 of the S106]. Our monitoring records indicate that mineral extraction ceased in 2007.

g) the County Council does not carry out any activity or use involving the

exploitation of void space for waste management, waste disposal recycling and related activities and anything ancillary [‘Prohibition on Waste Disposal by the Council’ -paragraph 5 of the S106].

73. As well as updating the planning conditions, a review of the existing S106 has been

carried out. Any updates to the S106 must meet the tests set out in paragraph 204 of the NPPF which are that the undertaking should be:

necessary to make the development acceptable in planning terms;

directly related to the development; and

fairly and reasonably related in scale and kind to the development. Note: These are also legal tests by virtue of the Community Infrastructure Levy Regulations 2010. Also the 2010 Regulations prevent the use of planning obligations to fund infrastructure if a Community Infrastructure Levy (CIL) has been adopted in the area but a CIL has not been adopted in this area.

74. It is considered that the existing obligations and additional undertakings to be given by a s106 Unilateral Undertaking meet the tests referred to above for the reason discussed below:

a) The obligation to use prescribed lorry routes and the additional undertakings

related to wheel washing and sheeting / containment of loads:

The applicant has confirmed that the approved lorry routing arrangement would continue (ref. IDO/N/1 216 MW D4 dated 5 June 2007). It is considered to be reasonable and necessary to add an undertaking to require drivers to use the wheelwash and arrive at the site with sheeted / contained loads. These additional undertakings accord with the Mineral Local Plan (saved policy 31), the NPPF (section 4) and the emerging Mineral Local Plan (policy 4) which seek to minimise the unacceptable adverse impact on the highway network and safety. b) The obligation that the County Council do not to use the site for any waste

management purposes.

The applicant has not applied to revise this requirement and although it is not clear why the undertaking was agreed in the first instance, there is no reason to change it at this time. c) An additional undertaking to review the approved Final Restoration Plan every 5

years in consultation with interested parties. There is an outstanding requirement to agree a detailed restoration and aftercare scheme for the site. As mentioned earlier, a scheme was submitted in 2007 but later returned due to a lack of detailed information. The latest Scheme of Conditions is accompanied by a Final Restoration Plan, however, consultees have commented that more details are needed. Given the failure to agree a detailed scheme the recommended planning conditions require the detailed scheme to be submitted within 12 months of the date of the Decision Notice. It is also considered to be reasonable and necessary to seek an undertaking from the applicant to review the approved Final Restoration Plan every 5 years in consultation with interested parties, including the liaison committee to ensure that the restoration proposals are comprehensive, detailed, practicable and achievable at the earliest opportunity; and, take advantage any opportunities that may arise to enhance local amenity and the environment. This undertaking has been secured in connection with other sites in the area and elsewhere in Staffordshire and accords with the Mineral Local Plan (saved policies 9 and 21), the NPPF (sections 11 and 13) and the emerging Mineral Local Plan (policies 4 and 6).

d) An additional undertaking to provide for an extended 10 year period of aftercare

in accordance with the approved ‘Restoration and Aftercare Scheme’ following the statutory minimum 5 year aftercare period.

The management of the landfill site will have to continue for many years beyond the initial 5 year aftercare period e.g. the utilisation of the landfill gas and control of the leachate. It is therefore considered to be reasonable and necessary to seek an undertaking from the applicant to continue to implement ‘Restoration and Aftercare Scheme’ required by the recommended planning conditions for an extended 10 year period of aftercare in order to ensure that the restoration and aftercare achieves the highest environmental standards. This undertaking accords with the Mineral Local Plan (saved policies 9 and 21), the NPPF (sections 11 and 13) and the emerging Mineral Local Plan (policies 4 and 6). e) An additional undertaking to formalise the liaison committee arrangements.

A voluntary Liaison Committee has been established by the applicant and the first meeting took place in 2002. . It is considered to be reasonable and necessary to seek an undertaking from the applicant to formalise these arrangements to ensure that the good liaison between the applicant and the local community continues and to assist with the future development of the site, including the review of the approved Final Restoration Plan. These arrangements should be consistent with the modern arrangements for liaison committees at other sites in Staffordshire (i.e. to define the frequency of meetings; the membership; administration of the meetings; to define the terms of reference). This undertaking accords with the Code of Practice for Mineral Development (SPG to the Mineral Local Plan); the emerging Mineral Local Plan (policy 4.4) and the Staffordshire and Stoke-on-Trent Joint Waste Local Plan (policy 4.2).

75. The additional undertakings have been put to the applicant who is willing to agree to them as part of a ‘Unilateral Undertaking’ under s106 of the Town and Country Planning Act 1990.

76. Conclusion: In this case, it is reasonable to conclude that the terms of the existing Section 106 Legal Agreement and the additional undertakings, secured as part of a s106 Unilateral Undertaking, are necessary, relevant and fairly and reasonably related to the development. Overall Conclusion

77. Overall, as an exercise of judgement having regard to the revised Scheme of Conditions, the supporting information and environmental information in the Environmental Statement or subsequently received, the relevant development plan policies and other material considerations, and the consultation responses and representations received, all referred to above, it is concluded that the proposed conditions and recommended modifications in Appendices 1 and 2, together with the additional undertakings to be secured as part of a s106 Unilateral Undertaking, would allow the continued restoration of the quarry to operate without causing an unacceptable adverse impact on the locality and therefore accords with the saved policies of the Development Plan, the NPPF and the emerging new Minerals Local Plan. The proposed conditions, recommended modifications and additional undertakings would also not prejudice to an unreasonable degree the economic viability of the operation or the asset value of the site.

THE ACTING DIRECTOR FOR PLACE RECOMMENDATIONS

To APPROVE the Scheme of Conditions as modified by the County Council and set out in Appendix 2 and subject to the applicant providing a s106 Unilateral Undertaking which satisfies the heads of terms set out below. The Unilateral Undertaking shall: a) Require drivers to use the wheelwash facility and to arrive at the site with

sheeted / contained loads; b) Require a review of the approved Final Restoration Plan every 5 years in

consultation with interested parties;

c) Provide for an extended 10 year period of aftercare following the statutory minimum 5 years aftercare period; and,

d) Formalise the liaison committee arrangements which shall define the frequency

of meetings; the membership; administration of the meetings; and, define the terms of reference.

Case Officer: David Bray - Tel: (01785) 277273 email: [email protected]

A list of background papers for this report is available on request and for public inspection at the offices of Staffordshire County Council, No. 1 Staffordshire Place,

Stafford during normal office hours Monday to Thursday (8.30 am – 5.00 pm); Friday (8.30 am – 4.30 pm).

Appendix 1 – The Applicant’s Proposed Conditions and the County Council’s comments/modifications No Applicant’s Proposed

Conditions/Reasons SCC Comment/Modification Reasons for

Modification Working Rights Restricted Y/N

Unreasonable Prejudice Applies Y/N

Limits of the Permission

1 This permission shall relate to the area edged red on Plan reference W31/ROMP/12/01, hereinafter referred to as “the site”, and shall be for the winning and working of minerals, extraction from stockpiles and deposit of waste.

Amend condition so that it states: This planning permission shall only relate to the site edged red on ‘Location Plan’ (dwg no W31/ROMP/12/01)’, hereafter referred to as ‘the Site’. The development hereby permitted shall only be carried out in accordance with the approved documents and plans listed below.

Application forms dated 8 November 2012

Non-Technical Summary

Environmental Statement

Environmental Statement - Appendix 1 – Plans o Location Plan W31/ROMP/12/01

o Working Scheme W31/ROMP/12/03

Environmental Statement - Appendix 3 - Noise Assessment

Environmental Statement - Appendix 4 - LVIA

Environmental Statement - Appendix 5 - Landfill Gas Monitoring Action Plan

Plan W31/ROMP/12/02A - Existing Situation

Plan W31/ROMP/12/04B - Final Restoration

Letter from David L Walker Limited dated 9 July 2013 relating to drawings, vehicle routing, phasing, restoration plant, existing landscaping/screening, updating of previously approved schemes, and flood risk information.

Letter from David L Walker Limited dated 6 March 2014 relating to comments from the Environmental Health Services, Newcastle under Lyme Borough Council and

To ensure that the condition is precisely worded to include reference to all the approved documents (Previously Condition 1 of planning permission IDO/N/1 which related to the plan showing the application boundary).

N N

No Applicant’s Proposed Conditions/Reasons

SCC Comment/Modification Reasons for Modification

Working Rights Restricted Y/N


the County Council’s Environmental Advice Team

Letter from David L Walker dated 14 April 2014 o Extended Phase 1 Habitat Survey dated April 2014

List of relevant approvals for IDO/N/1

Approved details (ref. IDO/N/1 D1 dated 19 January 2001) of planning permission IDO/N/1 relating to condition 11 (hard surfacing), 14 (noise monitoring), and 17 (dust control);

Approved details (ref. IDO/N/1 D2 dated 10 January 2003 and IDO/N/1 D3 dated 25 August 2005) relating to condition 26(landscaping);

Approved details (ref. IDO/N/1 D3 dated 25 August 2005) relating to condition 21 (landfilling: further details), 22 (stability), 26 (landscaping), 29 (sheeting of vehicles), 30 (location of lorry routing sign), 31 (drainage) and 34 (skip storage), and;

Approved details (ref. IDO/N/1 216 MW D4 dated 5 June 2007) relating to the requirements of the S106 legal agreement and condition 30 (lorry routing).

except in so far as the approved documents and plans are amended by the conditions specified below.

2 The development hereby permitted shall only be carried out in accordance with the information listed below except insofar as the

Merged with the above condition. To ensure that the condition is precisely worded to include reference to all the approved

N N









submitted information is amended by other conditions specified below:

completed ROMP forms dated 8 November 2012;

Environmental Statement dated November 2012; and

Working Scheme (Plan reference W31/ROMP/12/03)

documents

Cessation of Operations and Expiry of the Permission

3 Winning and working of minerals and deposit of waste material as specified in the Environmental Statement dated November 2012 shall cease on or before 21 February 2042.

Amend condition so that it states: The landfilling of non-hazardous waste shall cease no later than 31 December 2026 and the Site shall be restored no later than 21 February 2042 in accordance with the requirements of Conditions ** to ** below. [** Condition cross referencing to be added later].

Removed reference to Environmental Statement (ES). To secure the restoration of the Site at the earliest opportunity (Previously Condition 2, planning permission IDO/N/1).

N N

Limit of Workings

4 Minerals shall not be worked and waste shall

Amend condition so that it states:

As the winning and working of

N N





not be deposited within 15 m of the boundary of the site. Stockpiles shall be located within the area edged red on Plan W31/ROMP/12/02 but not within 15 m of the boundary of the site, and the highest point of any stockpiled material shall not exceed 135 m AOD.

No further winning and working of mineral working take place and waste materials shall not be deposited within 15 metres of the boundary of the Site.

mineral has ceased.

To ensure effective monitoring of the site.

(Previously Conditions 4, 7 and 8 of planning permission IDO/N/1).

Hours of Working

5 No operations hereby permitted, other than loading, water pumping, servicing, maintenance and testing of plant, shall be carried out outside the hours of 0700 to 1900 Mondays to Fridays and 0700 to 1300 on Saturdays, except in the case of emergencies which shall be recorded and reported to the Mineral Planning Authority within 7 days of such an emergency event. No operations shall be carried out on Sundays,

Amend condition so that it states: No operations except for loading, water pumping, servicing, maintenance and testing of plant shall be carried out other than between the following hours except in the case of emergencies:

07:00 to 19:00 Mondays to Fridays and

07:00 to 13:00 on Saturdays,

Other than in the case of emergencies, no such operations hereby permitted shall take place on Sundays, Bank and Public Holidays.

Any emergency operations shall be recorded and reported to the Mineral Planning Authority within 7 days of such an emergency event occurring.

To ensure effective monitoring of the site.

(Previously Condition 18 of planning permission IDO/N/1).

N N





Bank or Public Holidays.

Development Restrictions

6 Prior to the disposal on the site of the non-Special waste types, details of the following matters: site layout, internal road, flare stack, sewer connection, site engineering preparation works, treatment and capping of mineshafts, void lining and capping works, security fencing, soil storage mounds, lagoons, settlement ponds peripheral drainage pitches, final depth of working, dust suppression from the tipping operations and measures to prevent windblown wastes escaping from the site and the collection and disposal of any such materials deposited outside the site perimeter, shall be submitted for the

Amend condition removed.

Details have previously been agreed (ref. IDO/N/1 D3 dated 25 August 2005). The development should be carried out in accordance with the approved information as amended by this submission. Reference to approved documents included in Condition 1. (Previously condition 21 of planning permission IDO/N/1).

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written approval of the Mineral Planning Authority. The details shall then be implemented in accordance with the approved plans for the duration of the permission, unless otherwise agreed in writing with the Mineral Planning Authority.

Access

7 All heavy vehicle traffic shall use the site entrance as marked on Plan W321/ROMP/12/02.

Amend condition so that it states: All vehicle traffic shall use the site entrance as marked ‘Site Access’ on the Existing Situation plan (dwg no W321/ROMP/12/02A).

To ensure that the condition is precisely worded and that the site entrance is clearly marked on the plan. (Previously condition 9 of planning permission IDO/N/1).

N N

8 All access on to the public highway shall have hard surfaces maintained for the duration of the permitted uses referred to at Condition 3.

Amend condition so that it states: All accesses on to the public highway shall have hard surfaces maintained for the duration of the permitted uses in accordance with approved details (ref. IDO/N/1 D1 dated 19 January 2001).

Details concerning the hard surface maintained have previously been agreed. The condition has been updated to

N N





reflect this approval. (Previously condition 9 of planning permission IDO/N/1).

Weighbridge and Wheel Washing Facilities

9 Weighbridge and wheel washing facilities shall be retained and maintained in working order for the duration of the permitted uses.

Agreed

N/A (Previously condition 10 of planning permission IDO/N/1).

N N

10 No vehicle associated with the development hereby permitted shall leave the site in a condition whereby mud, dirt or deleterious material are deposited on to the public highway.

Agreed

N/A (New condition proposed by the applicant).

N N

11 No vehicle transporting mineral from the site shall leave the site unless its load has first been securely contained or sheeted.

Amend condition so that it states: No waste carrying vehicle shall leave the Site unless its load has first been securely contained or sheeted.

Mineral working has ceased however there may be occasions when loads of waste are removed from the site (e.g. rejected loads)

N N






Traffic Restriction

12 The maximum number of mineral and waste carrying HGVs visiting the site in connection with the permitted uses referred to at Condition 3 shall be limited to 440 per week.

Amend condition so that it states: The number of HGV vehicles entering or leaving the Site shall not exceed 220 per full working week (440 movements per full working week (or 220 in and 220 out)).

To ensure that the condition is precisely worded Recommendation from the Planning Regulation Team. (Previously Condition 12 of planning permission IDO/N/1).

N N

13 The operator shall keep and provide to the Mineral Planning Authority, within 7 days of a request being made in writing, full records of numbers of HGVs visiting the site.

Amend condition so that it states: The following records shall be kept and provided to the Mineral Planning Authority within 7 days of a request made in writing:

a) Records of the total number of HGV vehicles importing

waste to the Site per day; and, b) Records of the total quantity of waste imported to the

Site. c) Results of noise monitoring (ref. Conditions **); d) Results of dust monitoring (ref. Condition **); and, e) Records of complaints received and remedial action

taken.

To ensure effective monitoring of the site. (New condition proposed by the applicant).

N N





In making a request, the Mineral Planning Authority shall specify the dates between which the records shall be provided. [** Condition cross referencing to be added later].

Control of Noise

14 All vehicles, plant and machinery used on the site shall be operated with engine covers closed, with effective silencers and maintained in accordance with the manufacturer’s recommendations in order to prevent excessive noise emissions.

Agreed

N/A (Previously Condition 13 of planning permission IDO/N/1).

N N

15 No mobile plant shall be used on the site unless fitted with broadband “white” noise reversing alarms or other suitable non-audible reversing aids and these shall be maintained in accordance with the manufacturer’s recommendations and specification.

Agreed

N/A (New condition proposed by the applicant).

N N





16 Attributable noise levels at the noise-sensitive properties identified at Section 4.2 of the Environmental Statement dated November 2012 shall not exceed 55 dBA LAeq 1 hour.

Amend condition so that it states: Site attributable noise from the Site (excluding the temporary operations referred to below) when measured at the nearest noise sensitive properties at the following locations shall not exceed the limits as detailed below:

Location

Proposed Noise Limits dB(LAeq) (1 hour) (free-field)

Early Morning (0700 – 0800)

Daytime (0800 – 1900)

Halfway Place/ Silverdale Road

55 55

Caravan Site 55 55

Galingale View 48 55

Garden Centre N/A 55

Offices on Cemetery Road

N/A 55

Gadwall Croft 48 55

Site attributable noise arising from the temporary operations including the construction and removal of soil screening bunds on the Site shall not exceed 70 dB(LAeq) (1 hour) (free-field) when measured at the nearest noise sensitive properties / noise sensitive properties referred to above. Such temporary operations shall take place for no more than 8 weeks in any 12 month period.

Recommendation from the Planning Regulation Team. The condition has been amended to include the properties referred to in ES. The table has been updated to reflect that no operation is permitted after 1900. (Previously Conditions 15 and 16 of planning permission IDO/N/1).

N N

17 The construction and removal of soil screening bunds shall only take place between the hours of 0830 and 1730

Merged with condition above.

N N





Mondays to Fridays and between the hours of 0830 and 1300 on Saturdays and shall not exceed 70 dBA LAeq 1 hour at the noise-sensitive properties specified at Section 4.2 of the Environmental Statement dated November 2012.

18 Noise monitoring shall be undertaken in accordance with details provided at Section 4.2 of the Environmental Statement dated November 2012.

Amend condition so that it states: Noise monitoring shall be carried out in general accordance with the approved details (ref. IDO/N/1 D1 dated 19 January 2001) as amended by the arrangements set out in the in the Environmental Statement (Appendix 3 Noise Impact Assessment, Appendix A - Noise Management Plan (Appendix A).

Recommendation from the Planning Regulation Team Amended to include reference to the approved noise monitoring scheme and the submitted ES. (Previously Condition 14 of planning permission IDO/N/1).

N N

Control of Dust Emissions

19 Dust Management shall be undertaken in accordance with the dust suppression measures specified at

Amend condition so that it states: Within 6 months of the date of this permission, details of a revised Dust Management Scheme (‘the Scheme’) shall be submitted for the written approval of the Mineral Planning Authority. The Scheme shall be based on the approved

To update the condition to reflect the approved scheme required by Condition 17

N N





Section 4.3 of the Environmental Statement dated November 2012.

management details (ref. IDO/N/1 D1 dated 19 January 2001) and the Environmental Statement (Section 4.3). The updated scheme shall include but not be limited to the following details; a) The precise arrangements for the monitoring of wind

speed on the Site;

b) The dust monitoring points around the boundary of the Site;

c) The equipment to be used to monitor dust which shall be both directional and non-directional gauges;

d) The monitoring frequency and periods;

e) The steps to be taken to establish the background /

baseline dust levels; f) The steps to be taken in the event that the measured dust

exceeds the permitted limits; and, g) The steps to review the dust monitoring scheme from

time to time.

Dust monitoring and management shall thereafter be carried out in accordance with the approved updated scheme.

planning permission IDO/N/1 (ref. IDO/N/1 D1 dated 19 January 2001) and the response from the Newcastle EHO.

Availability of Documents

20 A copy of this permission, the Environmental Statement dated November 2012, and

Amend condition so that it states: The terms of this planning permission and any documents subsequently approved in accordance with this planning permission shall be made known and be accessible to any

To ensure that the approved documents are known and available to the

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any Environmental permit issued by the Environment Agency or other Competent Authority, shall be maintained on site for the duration of the operations hereby permitted.

person(s) given responsibility for the management or control of the activities/operations on the Site.

persons responsible for operating the site. (New condition proposed by the applicant).

Waste Disposal

21 Only waste types specified in the Environmental Permit or such modification issued by the Environment Agency or other Competent Authority will be deposited at the site.

Amend condition so that it states: No waste shall be imported into the Site for restoration purposes other than inert, non-hazardous industrial and commercial wastes and stable non-reactive hazardous wastes. No municipal waste shall be imported to the Site.

Recommendation from the Planning Regulation Team To ensure that the condition is precisely worded.

N N

22 Waste will only be deposited in accordance with the direction and phasing defined on Plan W31/ROMP/12/03.

Amend condition so that it states: The Site shall be progressively worked in accordance with the Working Plan (dwg no W31/ROMP/12/03) unless otherwise approved in writing by the Mineral Planning Authority in accordance with the requirements of Conditions ** and ** below. [** Condition cross referencing to be added later].

The submitted plan does not show the direction of direction of phasing.

N N

Drainage

23 There shall be no discharge of foul or contaminated surface water from the site into

Amend condition so that it states: There shall be no discharge of foul or contaminated surface water from the Site into either the groundwater system or any

Recommendation from the Environment Agency.

N N





either the groundwater system or any surface waters unless provided for in any Environmental Permit or other licence issued by the Environment Agency or other Competent Authority. Foul water should be directed into the main sewage system.

surface waters other than in compliance with an Environmental Permit or other licence issued by the Environment Agency or other Competent Authority. Foul water shall be directed into the main sewage system.


Fuel Storage

24 Any oil or chemical storage tank located within the site shall be surrounded by a bund capable of retaining 110% of the capacity of the tank, or shall be a tank having the benefit of a double skin. The floor and wall of the bund must be impervious to both water and the materials being stored in the tank. All filling points, vents and sight glasses shall be located within the bund. Drainage valves in the bund shall be of a lockable type

Agreed


N N





and shall be kept closed and locked when not in use.

Settlement

25 The operator shall ensure that as tipping approaches the approved pre-settlement levels and in any case prior to the spreading of subsoil, the surface levels of the site shall be surveyed and markers erected and maintained over the site to indicate the approved pre-settlement tipping levels. Any material tipped in excess of final pre-settlement tipping levels shall be re-graded or removed from the site within 30 days.

Agreed


N N

Restoration and Aftercare

26 The site shall be subject to the restoration and aftercare as detailed at Section 3.8 of the Environmental Statement dated

Amend condition so that now states the following: The Site shall be progressively restored to agriculture, conservation grassland and woodland in accordance with the approved Final Restoration Plan (dwg no. W31/ROMP/12/04B) and the detailed Restoration and Aftercare Scheme required by Condition ** below, unless

The Environmental Advice Team has recommended revisions to the information submitted

N N





November 2012 and as illustrated on Plan W31/ROMP/12/04.

otherwise approved in writing by the Mineral Planning Authority in accordance with the requirements of Condition ** below. Every 5 years from the date of this Decision Notice a review of the approved Final Restoration Plan shall be submitted for the written approval of the Mineral Planning Authority until such time as the Mineral Planning Authority confirms in writing that no further review is necessary.

No later than 12 months from the date of this Decision Notice, a detailed Restoration and 5 year Aftercare Scheme based on the approved Restoration Plan for the Site, shall be submitted for the written approval of the Mineral Planning Authority (the ‘Scheme’).

The Scheme shall include but may not be limited to the following details: a) the proposed final pre-settlement and post settlement

restoration contours, gradients and levels; b) the programme for the progressive restoration of the

Site to the approved final restoration contours and for the management and aftercare of the restored Site for a period of five years from the completion of final restoration which shall include details of the depth and nature of topsoil and subsoil, and arrangements for regrading or resoiling to achieve the final post settlement restoration contours;

c) programme for the retention or removal of any hard

surfaced internal haul road, offices, parking areas,

concerning restoration and aftercare of the site. (Previously Condition 35 of planning permission IDO/N/1).





compounds, fuel storage facilities, weighbridge, wheel cleaning facilities and drainage during the restoration and aftercare phase;

d) programme for the temporary retention of the landfill

gas utilisation plant, leachate control and monitoring equipment, and the groundwater monitoring equipment during the restoration and aftercare phase;

e) the method of soil and soil-making materials

replacement and treatment; f) the cultivation and management of the agricultural land,

wet woodland, woodland, hedgerow and acid grassland; g) weed control; h) the measures to minimise damage in the event of

drought or fire; i) management techniques during the aftercare period; j) including provision for replacement of failures of

individual trees, shrubs and plant species to secure an 85% survival rate at the end of the aftercare period;

k) the arrangements for the drainage of the restored Site

including details of the balancing ponds, their profiles, habitat enhancement and maintenance thereof; on the Site;

l) arrangements for annual meetings and annual reports

describing the previous year's aftercare measures,





including comments on the successes and failures and plans for the next year's aftercare;

m) The programme for the implementation of the Scheme.

The approved detailed Restoration and Aftercare Scheme shall be carried out in full accordance with the approved programme of implementation (Condition ** (m)) following written notification to the Mineral Planning Authority of the completion of the restoration. The approved detailed Restoration and Aftercare Scheme shall be carried out in full accordance with the approved programme of implementation (Condition 38 (m)) following written notification to the Mineral Planning Authority of the completion of the restoration. In the event that the approved Final Restoration Plan is revised following the regular review in accordance with Condition 38, then no later than 6 months after the approval of the Revised Final Restoration Plan, a detailed Revised Restoration and Aftercare Scheme, taking into account the approved revisions to the Final Restoration Plan, shall be submitted for the written approval of the Minerals Planning Authority. The Site shall be restored and subject to aftercare in accordance with the latest approved Final Restoration Plan and detailed Restoration and Aftercare Scheme. [** Condition cross referencing to be added later].

Soil Resources

27 All available soil resources required for the final restoration of

Amend condition so that it states: Within 6 months of the date of this permission, details of soil

To require the submission of details of soil

N N





the site shall be stored for subsequent re-use. Topsoil mounds shall be limited to 3 metres in height and subsoil mounds 5 metres in height.

handling and storage arrangements including locations shall be submitted for the written approval of the Mineral Planning Authority. All available soil resources required for the final restoration shall be retained in storage mounds on the Site for subsequent re-use. Topsoil mounds shall be limited to 3 metres in height and subsoil mounds shall be limited to 5 metres in height. The soil handling and storage arrangements shall be carried out in accordance with the approved details (ref. Informative 1).

handling and storage arrangements. (New condition proposed by the applicant).

28 No movement of soil shall take place unless the soil is in a dry and friable condition

Amend condition so that it states: No movement of soil or soil-making material shall take place unless the soil or soil-making material is in a dry and friable condition.

To include reference to soil making material. (New Condition proposed by the applicant).

N N

Removal of Plant Following Tipping

29 Upon completion of the waste disposal operations, all plant, machinery and structures other than those required for restoration and aftercare, or the management and maintaining of landfill gas and leachate or boreholes for groundwater monitoring shall be removed from the site prior to its final restoration.

Merged with modified condition 26 above.

To require the details to be submitted as part of the restoration and aftercare schemes for the site.

N N





Removal of Plant Following Restoration

30 Upon completion of the restoration of the site, any hardstanding, plant or machinery other than required for the monitoring and management of landfill gas and leachate or boreholes for groundwater monitoring shall be removed within six months of the completion of the restoration works referred to at Condition 26.

Merged with modified condition 26 above.

To require the details to be submitted as part of the restoration and aftercare schemes for the site.

N N

RECOMMENDED ADDITIONAL CONDITIONS

A1 This permission shall expire when the Waste Planning Authority has confirmed in writing that the Site has been restored, and subject to aftercare in accordance with the latest approved Restoration and Aftercare Scheme (Conditions ** to **). [** Condition cross referencing to be added later].

To define the end date for the permission.

N N

A2 No later than 12 months from the date of this permission, a detailed Site Layout Plan to update the approved Working Plan for the Site, at 1:1250 scale (or as otherwise appropriate), shall be submitted for the written approval of the Mineral Planning Authority. The Site Layout Plan shall include but may not be limited to the following details:

To provide an up to date details of the on-going operations and to protect the amenity of residents.

N N





a) The areas that have been landfilled and restored;

b) The areas currently being landfilled and restored;

c) The areas to be landfilled and restored in the next 5 years;

d) The approved final restoration levels in the restored areas;

e) The location of subsoil and topsoil mounds and their profiles and treatment;

f) The access, the hard surfaced internal haul road, offices,

parking areas, compounds, landfill gas utilisation plant, leachate treatment plant, fuel storage facilities, weighbridge, wheel cleaning facilities and drainage; and,

g) The site fencing and security gates.

The Site shall operate in accordance with the approved Site Layout Plan.


A3 On the 5th anniversary of the date of this permission, and every 5 years thereafter until the cessation of infilling operations, a Progress Report, including an update to the Site Layout Plan required by Condition 5 above, shall be submitted for the written approval of the Mineral Planning Authority. The submitted Progress Report shall demonstrate the progress being made relative to the previously approved Site Layout Plan, and the progress relative to the approved programme of restoration for the Site. The report shall consider the need to submit revised details for the working and restoration of the Site in the event that insufficient progress has been made relative to the dates for the cessation of the winning and working of mineral and restoration of the Site (ref. Conditions

To require the submission of progress report for the site to ensure effective monitoring.

N N





** to **).

The Site shall operate in accordance with the latest approved Site Layout Plan.

[** Condition cross referencing to be added later].

A4 A maximum of 6 skips shall be stored on Site at any one time for the duration of the development hereby permitted in accordance with the approved details (ref. IDO/N/1 D3 dated 25 August 2005).

The details of skip storage were approved in accordance with Condition 34 of planning permission IDO/N/1.

N N

A5 In accordance with the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended or re-enacted), no additional buildings, fixed plant or machinery other than as previously approved in writing by the Mineral Planning Authority shall be erected or otherwise brought onto the Site without the prior written approval of the Mineral Planning Authority.

To protect the visual, noise, dust and highway amenities.

N N

A6 The sign erected giving details of the vehicle routes shall continue to be located adjacent to the wheelwash (shown on Figure 1, ref. IDO/N/1 D3 dated 25 August 2005) in accordance with the approved details and maintained in good condition until such time as the sign is programmed to be removed in accordance with the approved Restoration and Aftercare Scheme.

Details concerning a vehicle direction sign have been agreed. The condition has been included to reflect this approval. The details were approved in accordance with Condition 30 of

N N





planning permission IDO/N/1.

A7 All buildings, structures, perimeter security fencing, gates and hard-surfaces on Site shall be maintained in place and in good condition and fit for purpose until such time as they are programmed to be removed in accordance with the approved Restoration and Aftercare Scheme.

To protect visual amenity.

N N

A8 Any evidence of fly tipping including in the woodland located in the south-eastern corner of the Site shall be removed for disposal to an authorised waste disposal Site.

To protect visual amenity.

N N

A9 The landscaping of the perimeter of the Site shall be carried out and continue to be maintained for the duration of the development hereby permitted in accordance with the approved details (ref. IDO/N/1 D2 dated 10 January 2003 and IDO/N/1 D3 dated 25 August 2005).

Details concerning the perimeter landscaping have been agreed. The condition has been included to reflect this approval. The details were approved in accordance with Condition 26 of planning permission IDO/N/1.

N N

A10 Within 6 months of the date of this permission, a habitat management plan for the non-operational land within the Site (including any woodland and ditches) shall be submitted for the written approval of the Mineral Planning Authority. The non-operational land shall thereafter be managed in accordance with the approved details until such time as the Site has been restored and the non-operational land is being

Recommendation by the Environmental Advice Team and to protect woodland ditch habits.

N N





managed as part of the approved Restoration and Aftercare Scheme for the Site as a whole.

A11 In the event that the works affect any woodland and any ditches within the Site, a protected species survey shall be carried out by a suitably experienced and qualified ecologist to appropriate published guidelines for protected species including, but not limited to:

Breeding Birds;

Bats and,

Water Voles.

Protected species survey details and results shall be submitted to the Mineral Planning Authority and in the event that the surveys indicate the presence of protected species or their use of the Site, measures to avoid and mitigate the impacts of the development shall be submitted for the written approval of the Mineral Planning Authority. Operations on the Site shall thereafter be implemented in accordance with the approved measures.

Recommendation by the Environmental Advice Team to safeguard breeding birds and bats in accordance with the recommendations of the Extended Phase I Survey.

N N

A12 In the event of the cessation of operations hereby permitted, prior to the completion of the approved Restoration and Aftercare Scheme (Condition **), which in the opinion of the Mineral Planning Authority constitutes a permanent cessation within the terms of paragraph 3 of Schedule 9 of the Town and Country Planning Act 1990, a Revised Final Restoration Plan shall be submitted for the written approval to the Mineral Planning Authority, no later than 24 months after the cessation of operations hereby permitted. No later than 6 months after the approval of the Revised Final Restoration Plan a detailed Revised Final Restoration and Aftercare Scheme, taking into account the approved revisions, shall be submitted for the written approval to the Mineral Planning

To ensure that the site is restored should the operations cease before 21 February 2042.

N N





Authority. In these circumstances, the Site shall be restored and subject to aftercare in accordance with the approved Revised Final Restoration Plan and Revised Final Restoration and Aftercare Scheme. [** Condition cross referencing to be added later].

Informatives: The developer should continue to implement measures to control birds as part of the on-going operations at the site.

1. Staffordshire County Council’s Environmental Advice Team:

Soil Handling which should be in accordance with the MAFF ‘Code of Good Agricultural Practice for the Protection of Soil’, the DoE Guidance on Good Practice for the Reclamation of Mineral Workings to Agriculture, published in 1996, DEFRA ‘Guidance for Successful Reclamation of Mineral & Waste Sites’ 2004, the Forestry Commission Bulletin 110 ‘Reclaiming Land for Forestry’, DETR book ‘Soil Forming Materials: Their Use in Land Reclamation’ and the ‘Good Practice Guide for Handling Soils’ (MAFF 2000).

The developer is advised to arrange meetings to discuss the landscape and ecological implications with the County Council’s Environmental Advice Team prior to the submission of the updated ecological assessments, and prior to the submission of the detailed Restoration and Aftercare Scheme(s) or reviews of the Restoration Plan required by the planning permission (see 4 below).

The applicant is advised to continue to maintain regular dialogue with neighbours and other interested parties through the informal liaison group concerning the working and restoration of the Site.

The applicant and landowners are advised that prior to the 5 year review of the approved Restoration Plan, or prior to any further revisions to the permitted operations at Walleys Quarry should be discussed with the liaison group, neighbours and other interested parties.





The applicant should contact the County Council Rights of Way Team to discuss the future of the right of way running across the quarry site which does not appear to have been diverted or closed.

2. The Coal Authority has indicated the applicant should have consideration for the location and stability of abandoned mine entries present on site; the extent and stability of shallow mine workings present on site; the potential for unrecorded mine workings; the potential for hydrogeology, minewater and mine gas; the potential for the prior extraction/co-extraction of the surface coal resources where practicable and viable and whether Coal Authority permission is required to intersect, enter, or disturb any coal or coal workings.

Appendix 2 – Staffordshire County Council’s recommended conditions (Reasons for each condition and Condition cross referencing to be added later).

TOWN AND COUNTRY PLANNING ACT 1990 and the ENVIRONMENT ACT 1995

PROJECTS REQUIRING AN ENVIRONMENTAL ASSESSMENT

DECISION NOTICE The Secretary of State for the Environment in pursuance of powers under the above mentioned 1990 Act previously permitted: Scheme of Conditions (appeal decision ref. M23/2/011dated 14 November 1997, (subject to

the Section 106 Legal Agreement signed on 15 July 1998) (application ref. IDO/N/1)

The Staffordshire County Council in pursuance of powers under Schedule 14 of the above mentioned 1995 Act and having taken into consideration the environmental information, hereby approve: The Scheme of Conditions, as modified by the County Council, related to the periodic review of mineral planning permission IDO/N/1 on land at Walley's Quarry, Cemetery

Road, Silverdale, Newcastle Definition of the Permission

The above mentioned permission shall with effect from the date of this Decision Notice be subject to the condition(s) and reasons specified hereunder:- 1. This planning permission shall only relate to the site edged red on ‘Location Plan’

(dwg no W31/ROMP/12/01)’, hereafter referred to as ‘the Site’. The development hereby permitted shall only be carried out in accordance with the approved documents and plans listed below.

Application forms dated 8 November 2012

Non-Technical Summary

Environmental Statement

Environmental Statement - Appendix 1 – Plans

Location Plan W31/ROMP/12/01

Working Scheme W31/ROMP/12/03

Environmental Statement - Appendix 3 - Noise Assessment

Environmental Statement - Appendix 4 - LVIA

Environmental Statement - Appendix 5 - Landfill Gas Monitoring Action Plan

Plan W31/ROMP/12/02A - Existing Situation

Plan W31/ROMP/12/04B - Final Restoration

Letter from David L Walker Limited dated 9 July 2013 relating to drawings, vehicle routing, phasing, restoration plant, existing landscaping/screening, updating of previously approved schemes, and flood risk information.

Letter from David L Walker Limited dated 6 March 2014 relating to comments from the Environmental Health Services, Newcastle under Lyme Borough Council and the County Council’s Environmental Advice Team

Letter from David L Walker dated 14 April 2014 o Extended Phase 1 Habitat Survey dated April 2014

List of relevant approvals under the IDO Scheme of Conditions (ref. IDO/N/1)

o Approved details (ref. IDO/N/1 D1 dated 19 January 2001) of planning permission IDO/N/1 relating to condition 11 (hard surfacing), 14 (noise monitoring), and 17 (dust control);

o Approved details (ref. IDO/N/1 D2 dated 10 January 2003 and IDO/N/1 D3

dated 25 August 2005) relating to condition 26(landscaping); o Approved details (ref. IDO/N/1 D3 dated 25 August 2005) relating to

condition 21 (landfilling: further details), 22 (stability), 26 (landscaping), 29 (sheeting of vehicles), 30 (location of lorry routing sign), 31 (drainage) and 34 (skip storage), and;

o Approved details (ref. IDO/N/1 216 MW D4 dated 5 June 2007) relating to

the requirements of the S106 legal agreement and condition 30 (lorry routing).

except in so far as the approved documents and plans referred to above are amended by the conditions specified below.

Cessation of Operations and Expiry of the Permission 2. The landfilling of non-hazardous waste shall cease no later than 31 December 2026

and the Site shall be restored no later than 21 February 2042 in accordance with the requirements of Conditions 37 to 39 below.

3. This permission shall expire when the Waste Planning Authority has confirmed in writing that the Site has been restored, and subject to aftercare in accordance with the latest approved Restoration and Aftercare Scheme (Conditions 37 to 39).

Method of Working

4. The Site shall be progressively worked in accordance with the Working Plan (dwg no

W31/ROMP/12/03) unless otherwise approved in writing by the Mineral Planning Authority in accordance with the requirements of Conditions 5 and 6 below.

5. No later than 12 months from the date of this permission, a detailed Site Layout Plan to update the approved Working Plan for the Site, at 1:1250 scale (or as otherwise appropriate), shall be submitted for the written approval of the Mineral Planning Authority. The Site Layout Plan shall include but may not be limited to the following details:

a) The areas that have been landfilled and restored; b) The areas currently being landfilled and restored; c) The areas to be landfilled and restored in the next 5 years;





d) The approved final restoration levels in the restored areas; e) The location of subsoil and topsoil mounds and their profiles and treatment; f) The access, the hard surfaced internal haul road, offices, parking areas,

compounds, landfill gas utilisation plant, leachate treatment plant, fuel storage facilities, weighbridge, wheel cleaning facilities and drainage; and,

g) The site fencing and security gates. The Site shall operate in accordance with the approved Site Layout Plan.

6. On the 5th anniversary of the date of this permission, and every 5 years thereafter

until the cessation of infilling operations, a Progress Report, including an update to the Site Layout Plan required by Condition 5 above, shall be submitted for the written approval of the Mineral Planning Authority. The submitted Progress Report shall demonstrate the progress being made relative to the previously approved Site Layout Plan, and the progress relative to the approved programme of restoration for the Site. The report shall consider the need to submit revised details for the working and restoration of the Site in the event that insufficient progress has been made relative to the dates for the cessation of the winning and working of mineral and restoration of the Site (ref. Conditions 37 to 39). The Site shall operate in accordance with the latest approved Site Layout Plan.

7. No further winning and working of mineral working take place and waste materials shall not be deposited within 15 metres of the boundary of the Site.

Waste Types

8. No waste shall be imported into the Site for restoration purposes other than inert,

non-hazardous industrial and commercial wastes and stable non-reactive hazardous wastes.

9. No municipal waste shall be imported to the Site. Hours of Operation 10. No operations except for loading, water pumping, servicing, maintenance and testing

of plant shall be carried out other than between the following hours except in the case of emergencies:

07:00 to 19:00 Mondays to Fridays and

07:00 to 13:00 on Saturdays,

Other than in the case of emergencies, no such operations hereby permitted shall take place on Sundays, Bank and Public Holidays. Any emergency operations shall be recorded and reported to the Mineral Planning Authority within 7 days of such an emergency event occurring.

Development Restrictions

11. In accordance with the provisions of the Town and Country Planning (General

Permitted Development) (England) Order 2015 (as amended or re-enacted), no additional buildings, fixed plant or machinery other than as previously approved in writing by the Mineral Planning Authority shall be erected or otherwise brought onto the Site without the prior written approval of the Mineral Planning Authority.

Knowledge of the Permission

12. The terms of this planning permission and any documents subsequently approved in

accordance with this planning permission shall be made known and be accessible to any person(s) given responsibility for the management or control of the activities/operations on the Site.

Highway Safety and Access

13. All vehicle traffic shall use the site entrance as marked ‘Site Access’ on the Existing

Situation plan (dwg no W321/ROMP/12/02A).

14. All accesses on to the public highway shall have hard surfaces maintained for the duration of the permitted uses in accordance with approved details (ref. IDO/N/1 D1 dated 19 January 2001).

15. The number of HGV vehicles entering or leaving the Site shall not exceed 220 per full working week (440 movements per full working week (or 220 in and 220 out)).

16. Weighbridge and wheel washing facilities shall be retained and maintained in

working order until such time as they are programmed to be removed from the Site as part of the approved Restoration and Aftercare Scheme.

17. No vehicle associated with the development hereby permitted shall leave the Site in

a condition whereby mud, dirt or deleterious material is deposited on to the public highway.

18. No waste carrying vehicle shall leave the Site unless its load has first been securely

contained or sheeted. 19. The sign erected giving details of the vehicle routes shall continue to be located

adjacent to the wheelwash (shown on Figure 1, ref. IDO/N/1 D3 dated 25 August 2005) in accordance with the approved details and maintained in good condition until such time as the sign is programmed to be removed in accordance with the approved Restoration and Aftercare Scheme.

Appearance of the Site 20. All buildings, structures, perimeter security fencing, gates and hard-surfaces on Site

shall be maintained in place and in good condition and fit for purpose until such time as they are programmed to be removed in accordance with the approved Restoration and Aftercare Scheme.

21. Any evidence of fly tipping, including in the woodland located in the south-eastern

corner of the Site, shall be removed for disposal to an authorised waste disposal site.

22. A maximum of 6 skips shall be stored on Site at any one time for the duration of the

development hereby permitted in accordance with the approved details (ref. IDO/N/1 D3 dated 25 August 2005).

Landscape Scheme 23. The landscaping of the perimeter of the Site shall be carried out and continue to be

maintained for the duration of the development hereby permitted in accordance with the approved details (ref. IDO/N/1 D2 dated 10 January 2003 and IDO/N/1 D3 dated 25 August 2005).

Record Keeping

24. The following records shall be kept and provided to the Mineral Planning Authority

within 7 days of a request made in writing:

a) Records of the total number of HGV vehicles importing waste to the Site per day; and,

b) Records of the total quantity of waste imported to the Site. c) Results of noise monitoring (ref. Conditions 28); d) Results of dust monitoring (ref. Condition 29); and, e) Records of complaints received and remedial action taken. In making a request, the Mineral Planning Authority shall specify the dates between which the records shall be provided.

Control of Noise

25. All vehicles, plant and machinery used on the Site shall be operated with engine covers closed, with effective silencers and maintained in accordance with the manufacturer’s recommendations in order to prevent excessive noise emissions.

26. No mobile plant shall be used on the Site unless fitted with broadband “white” noise

reversing alarms or other suitable non-audible reversing aids and these shall be maintained in accordance with the manufacturer’s recommendations and specification.

27. Site attributable noise from the Site (excluding the temporary operations referred to below) when measured at the nearest noise sensitive properties at the following locations shall not exceed the limits as detailed below:

Location

Proposed Noise Limits dB(LAeq) (1 hour) (free-field)

Early Morning (0700 – 0800)

Daytime (0800 – 1900)

Halfway Place/ Silverdale Road

55 55

Caravan Site 55 55

Galingale View 48 55

Garden Centre N/A 55

Offices on Cemetery Road

N/A 55

Gadwall Croft 48 55

Site attributable noise arising from the temporary operations including the construction and removal of soil screening bunds on the Site shall not exceed 70 dB(LAeq) (1 hour) (free-field) when measured at the nearest noise sensitive properties / noise sensitive properties referred to above. Such temporary operations shall take place for no more than 8 weeks in any 12 month period.

28. Noise monitoring shall be carried out in general accordance with the approved

details (ref. IDO/N/1 D1 dated 19 January 2001) as amended by the arrangements set out in the in the Environmental Statement (Appendix 3 Noise Impact Assessment, Appendix A - Noise Management Plan, Appendix A).

Control of Dust Emissions

29. Within 6 months of the date of this permission, details of a revised Dust Management

Scheme (‘the Scheme’) shall be submitted for the written approval of the Mineral Planning Authority. The Scheme shall be based on the approved management details (ref. IDO/N/1 D1 dated 19 January 2001) and the Environmental Statement (Section 4.3). The updated scheme shall include but not be limited to the following details;

a) The precise arrangements for the monitoring of wind speed on the Site; b) The dust monitoring points around the boundary of the Site; c) The equipment to be used to monitor dust which shall be both directional and

non-directional gauges; d) The monitoring frequency and periods;

e) The steps to be taken to establish the background / baseline dust levels; f) The steps to be taken in the event that the measured dust exceeds the

permitted limits; and, g) The steps to review the dust monitoring scheme from time to time.

Dust monitoring and management shall thereafter be carried out in accordance with the approved updated scheme.

Soil Resources

30. Within 6 months of the date of this permission, details of soil handling and storage arrangements including locations shall be submitted for the written approval of the Mineral Planning Authority. All available soil resources required for the final restoration shall be retained in storage mounds on the Site for subsequent re-use.

Topsoil mounds shall be limited to 3 metres in height and subsoil mounds shall be limited to 5 metres in height. The soil handling and storage arrangements shall be carried out in accordance with the approved details (ref. Informative 1).

31. No movement of soil or soil-making material shall take place unless the soil or soil-making material is in a dry and friable condition.

Ecology

32. Within 6 months of the date of this permission, a habitat management plan for the

non-operational land within the Site (including any woodland and ditches) shall be submitted for the written approval of the Mineral Planning Authority. The non-operational land shall thereafter be managed in accordance with the approved details until such time as the Site has been restored and the non-operational land is being managed as part of the approved Restoration and Aftercare Scheme for the Site as a whole.

33. In the event that the works affect any woodland and any ditches within the Site, a

protected species survey shall be carried out by a suitably experienced and qualified ecologist to appropriate published guidelines for protected species including, but not limited to:

Breeding Birds;

Bats; and,

Water Voles

Protected species survey details and results shall be submitted to the Mineral Planning Authority and in the event that the surveys indicate the presence of protected species or their use of the Site, measures to avoid and mitigate the impacts of the development shall be submitted for the written approval of the Mineral Planning Authority. Operations on the Site shall thereafter be implemented in accordance with the approved measures.

Drainage

34. There shall be no discharge of foul or contaminated surface water from the Site into

either the groundwater system or any surface waters other than in compliance with an Environmental Permit or other licence issued by the Environment Agency or other Competent Authority. Foul water shall be directed into the main sewage system.

Fuel Storage

35. Any oil or chemical storage tank located within the site shall be surrounded by a

bund capable of retaining 110% of the capacity of the tank, or shall be a tank having the benefit of a double skin. The floor and wall of the bund must be impervious to both water and the materials being stored in the tank. All filling points, vents and sight glasses shall be located within the bund. Drainage valves in the bund shall be of a lockable type and shall be kept closed and locked when not in use.

Settlement

36. The operator shall ensure that as tipping approaches the approved pre-settlement levels and in any case prior to the spreading of subsoil, the surface levels of the Site shall be surveyed and markers erected and maintained over the Site to indicate the approved pre-settlement tipping levels. Any material tipped in excess of final pre-settlement tipping levels shall be re-graded or removed from the Site within 30 days.

Final Restoration and Aftercare 37. The Site shall be progressively restored to agriculture, conservation grassland and

woodland in accordance with the approved Final Restoration Plan (dwg no. W31/ROMP/12/04B) and the detailed Restoration and Aftercare Scheme required by Condition 39 below, unless otherwise approved in writing by the Mineral Planning Authority in accordance with the requirements of Conditions 38 to 40 below.

38. Every 5 years from the date of this Decision Notice a review of the approved Final Restoration Plan shall be submitted for the written approval of the Mineral Planning Authority until such time as the Mineral Planning Authority confirms in writing that no further review is necessary.

39. No later than 12 months from the date of this Decision Notice, a detailed Restoration and 5 year Aftercare Scheme based on the approved Restoration Plan for the Site, shall be submitted for the written approval of the Mineral Planning Authority (the ‘Scheme’). The Scheme shall include but may not be limited to the following details:

a) the proposed final pre-settlement and post settlement restoration contours,

gradients and levels; b) the programme for the progressive restoration of the Site to the approved final

restoration contours and for the management and aftercare of the restored Site for a period of five years from the completion of final restoration which shall include details of the depth and nature of topsoil and subsoil, and arrangements for regrading or resoiling to achieve the final post settlement restoration contours;

c) programme for the retention or removal of any hard surfaced internal haul road,

offices, parking areas, compounds, fuel storage facilities, weighbridge, wheel cleaning facilities and drainage during the restoration and aftercare phase;

d) programme for the temporary retention of the landfill gas utilisation plant,

leachate control and monitoring equipment, and the groundwater monitoring equipment during the restoration and aftercare phase;

e) the method of soil and soil-making materials replacement and treatment; f) the cultivation and management of the agricultural land, wet woodland,

woodland, hedgerow and acid grassland; g) weed control;

h) the measures to minimise damage in the event of drought or fire; i) management techniques during the aftercare period; j) including provision for replacement of failures of individual trees, shrubs and

plant species to secure an 85% survival rate at the end of the aftercare period; k) the arrangements for the drainage of the restored Site including details of the

balancing ponds, their profiles, habitat enhancement and maintenance thereof; on the Site;

l) arrangements for annual meetings and annual reports describing the previous

year's aftercare measures, including comments on the successes and failures and plans for the next year's aftercare;

m) The programme for the implementation of the Scheme. The approved detailed Restoration and Aftercare Scheme shall be carried out in full accordance with the approved programme of implementation (Condition 39 (m)) following written notification to the Mineral Planning Authority of the completion of the restoration. In the event that the approved Final Restoration Plan is revised following the regular review in accordance with Condition 38, then no later than 6 months after the approval of the Revised Final Restoration Plan, a detailed Revised Restoration and Aftercare Scheme, taking into account the approved revisions to the Final Restoration Plan, shall be submitted for the written approval of the Minerals Planning Authority. The Site shall be restored and subject to aftercare in accordance with the latest approved Final Restoration Plan and detailed Restoration and Aftercare Scheme.

Premature cessation of operations 40. In the event of the cessation of operations hereby permitted, prior to the completion

of the approved Restoration and Aftercare Scheme, which in the opinion of the Mineral Planning Authority constitutes a permanent cessation within the terms of paragraph 3 of Schedule 9 of the Town and Country Planning Act 1990, a Revised Final Restoration Plan shall be submitted for the written approval to the Mineral Planning Authority, no later than 24 months after the cessation of operations hereby permitted. No later than 6 months after the approval of the Revised Final Restoration Plan a detailed Revised Final Restoration and Aftercare Scheme, taking into account the approved revisions, shall be submitted for the written approval to the Mineral Planning Authority.

In these circumstances, the Site shall be restored and subject to aftercare in accordance with the approved Revised Final Restoration Plan and Revised Final Restoration and Aftercare Scheme.

Informatives The developer should continue to implement measures to control birds as part of the on-going operations at the Site.

Staffordshire County Council’s Environmental Advice Team:

1. Soil Handling which should be in accordance with the MAFF ‘Code of Good Agricultural Practice for the Protection of Soil’, the DoE Guidance on Good Practice for the Reclamation of Mineral Workings to Agriculture, published in 1996, DEFRA ‘Guidance for Successful Reclamation of Mineral & Waste Sites’ 2004, the Forestry Commission Bulletin 110 ‘Reclaiming Land for Forestry’, DETR book ‘Soil Forming Materials: Their Use in Land Reclamation’ and the ‘Good Practice Guide for Handling Soils’ (MAFF 2000).

2. The developer is advised to arrange meetings to discuss the landscape and ecological implications with the County Council’s Environmental Advice Team prior to the submission of the updated ecological assessments and prior to the submission of the detailed Restoration and Aftercare Scheme(s) or reviews of the Restoration Plan required by the planning permission (see 4 below).

3. The applicant is advised to continue to maintain regular dialogue with neighbours and other interested parties through the informal liaison group concerning the working and restoration of the Site.

4. The applicant and landowners are advised that prior to any review of the approved Restoration Plan, or prior to any further revisions to the permitted operations at Walleys Quarry should be discussed with the liaison group, neighbours and other interested parties.

5. The applicant should contact the County Council Rights of Way Team to discuss the future of the right of way running across the quarry site which does not appear to have been diverted or closed.

The Coal Authority has indicated the applicant should have consideration for the following:

The location and stability of abandoned mine entries present on site;

The extent and stability of shallow mine workings present on site;

The potential for unrecorded mine workings;

The potential for hydrogeology, minewater and mine gas;

The potential for the prior extraction/co-extraction of the surface coal resources where practicable and viable;

Whether Coal Authority permission is required to intersect, enter, or disturb any coal or coal workings.

Appendix 3 Summary of the environmental information submitted as part of an Environmental Statement

Section 1 – Introduction This section describes the background to the submission, the methodology framework (Landscape and Visual Impact Assessment and noise); the ‘Key Facts’ concerning the proposal and the structure of the Environmental Statement. Section 2 – Site Location and Context This section of the ES includes an introduction to the site, the existing operations, transport, geology and hydrology and hydrogeology, soil resources and ecology. Section 3 – Site Operations This section provides details of how the infilling operations are undertaken and included details of the permitted waste, waste acceptance control, operating hours, site engineering for pollution prevention, leachate and landfill gas management, restoration and aftercare of the site. Section 4 – Environmental Effects and Mitigating Measures Introduction The first section included provides details of the relevant potential impacts from the continued operations on the environment and highlights the main issues to be considered in the following sections Noise The ES assesses the potential impact of noise from the quarry operations and the Noise Management Plan has been updated (Appendix 3). The noise assessment highlights that background noise levels remain high at all locations. The applicant has proposed noise conditions, with a lower earlier morning limit for properties on Galingale View and Gadwell Croft. Air Quality (Dust, Odours and Fumes) The ES assess the impact of the proposal on dust and odour. The applicant has confirmed that a number of dust control measures will be implemented. The applicant has indicated that the Environmental Permit governs all aspects of the operation that have potential to causes emissions to air and that this matter does not require new planning conditions. This section indicates that landfill gas is monitored and an Action Plan was submitted (Appendix 5). Traffic/Highways This Section indicates that the existing operations have not led to any identifiable highway safety impact. The applicant indicated that further assessments of the environmental impacts of traffic and the development are required. Hydrology/Hydrogeology This Section of the ES explains that Hydrology/Hydrogeology matters are covered by the Environmental Permit. Ecology This section briefly indicates that desk-based ecological appraisals previously carried out have not identified any significant protected species or habitats that would be directly

affected by the on-going operations. The Section concludes that the impact of the operations on interests of acknowledged importance would therefore be low. Landscape and Visual Impact Section 4.7 of the ES assesses the potential landscape and visual impacts of on-going landfilling operations. The results of the Landscape and Visual Impact Assessment were provided (Appendix 4). The assessment concluded that overall there would be a slight beneficial impact on the visual amenity of the Green Belt following restoration of the site. Section 5 - Summary and Conclusions This Section of the ES indicates that the proposed conditions reflect central governmental advice about the review of mineral permissions and provide an important environmental safeguard by ensuring that modern planning permissions exist to control mineral extraction and restoration. Non-Technical Summary A non-technical summary of the ES was also provided.

Appendix 4 - Relevant Development Plan Policy and Other Material Considerations The development plan The key test for planning applications is set out in the Planning and Compulsory Purchase Act 2004 which replaces Section 54A of the Town and Country Planning Act 1990 with section 38(6) which states that:

“If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.”

Other material considerations The proposal has to be assessed not only in relation to waste planning policy but also to other policies identified at section 4 of this report, and any other material considerations. The Government’s publication ‘The Planning System: General Principles’ explains at paragraph 11 that:

“In principle...any consideration which relates to the use and development of land is capable of being a planning consideration. Whether a particular consideration falling within that broad class is material in any given case will depend on the circumstances” (Stringer v MHLG 1971).

The advice goes on to explain that:

“Material considerations must be genuine planning considerations, i.e. they must be related to the development and use of land in the public interest. The considerations must also fairly and reasonably relate to the application concerned.”

The relevant development plan policies The Staffordshire and Stoke-on-Trent Minerals Local Plan 1994 – 2006 (saved policies*):

Policy 2 – Need for Minerals (maintenance of landbanks for non-energy minerals) (consistent with the National Planning Policy Framework (NPPF) – paragraphs 143, 145 & 146 (Minerals); 156 (Local plans));

Policy 9 - Planning Applications – Restoration and Aftercare (consistent with the NPPF - paragraph 117 (Natural Environment) and 143 & 144 (Minerals));

Policy 12 – Proximity To People and Sensitive Locations (consistent with the NPPF - paragraphs 114, 117, 120 & 123 (Natural Environment) and 143 & 144 (Minerals));

Policy 19 – Natural and Cultural Environment - Other Sites/ Areas of Cultural and Natural Importance (consistent with the NPPF – paragraphs 113 &117 (Natural Environment), paragraphs 131 – 136 &138 – 139 (Historic Environment); and 143 – 144 (Minerals))

Policy 20 - Natural and Cultural Environment – Replacement Habitats (consistent with the NPPF - paragraphs 113 -114, 116 -117 (Natural Environment) and 137 (Historic Environment));

Policy 21 - Natural and Cultural Environment – Landscape Character And Quality (consistent with the NPPF - paragraphs 113, 115, 116, 123 & 125 (Natural Environment));

http://www.staffordshire.gov.uk/environment/planning/policy/thedevelopmentplan/mineralslocalplan/mineralsLocalPlan.aspx

Policy 22 - Natural and Cultural Environment – Advanced Tree Planting (consistent with the NPPF – paragraph 114 (Natural Environment));

Policy 30 – Transportation – Traffic Impact Appraisal (consistent with the NPPF –paragraphs 32 (Sustainable Transport) and 143 (Minerals));

Policy 31 – Traffic legal agreements (consistent with NPPF – paragraphs 203 & 204 (Planning conditions and obligations));

Policy 38 – Exceptional Circumstances (consistent with the NPPF - paragraphs 143, 145 - 146 (Minerals));

Code of Practice for Mineral Development (SPG to MLP).

* Note: An assessment to confirm the consistency of the saved policies in the Minerals Local Plan with the National Planning Policy Framework was reported to the Planning Committee on 7 March 2013. That report indicated that the saved policies were generally consistent with the NPPF but there were additional policy matters that would need to be considered in preparing a new Plan. The Staffordshire and Stoke-on-Trent Joint Waste Local Plan adopted 22 March 2013:

Policy 1.1 General principles;

Policy 1.3 Construction, demolition and excavation waste;

Policy 1.6 Landfill or landraise;

Policy 2.1 Landfill diversion targets;

Policy 2.2 Targets for new waste management facilities required by 2026 to manage municipal, commercial & industrial, and construction, demolition & excavation waste streams;

Policy 2.3 Broad locations;

Policy 3.1 General requirements for new and enhanced facilities;

Policy 4.1 Sustainable design;

Policy 4.2 Protection of environmental quality.

Newcastle under Lyme Borough Local Plan (saved policies):

Policy N3 (Development & Nature Conservation – Protection and Enhancement);

Policy N12 (Development and the protection of trees);

Policy N14 (Protection of Landscape features of major importance to flora and fauna);

Policy N17 (Landscape Character – General considerations);

PolicyN19 (Landscape Maintenance Areas). Newcastle under Lyme and Stoke on Trent Core Spatial Strategy (2006 – 2026)(adopted October 2009):

Policy CSP1 (Design Quality);

Policy CSP3 (Sustainability and Climate Change);

Policy CSP4 (Natural Assets)

Policy CSP8 (Minerals in Stoke-on-Trent)

Other material considerations Other material considerations include the National Planning Policy Framework (NPPF)

http://www.staffordshire.gov.uk/environment/planning/policy/thedevelopmentplan/mineralslocalplan/mineralsLocalPlan.aspx

http://www.staffordshire.gov.uk/environment/planning/policy/thedevelopmentplan/wastelocalplan/wasteLocalPlan.aspx

http://www.newcastle-staffs.gov.uk/Documents/Saved%20Policies%20of%20the%20Newcastle-under-Lyme%20Local%20Plan%20154KB.pdf

http://www.newcastle-staffs.gov.uk/planning_content.asp?id=SXD62B-A7809BD5&cat=1363

published March 2012, PPS10, and the emerging minerals policy in the form of the new Minerals Local Plan for Staffordshire (2015 to 2030) Draft for Consultation – April 2014.

National Planning Policy Framework (NPPF) (published on 27 March 2012):

Section 1: Building a strong, competitive economy;

Section 3: Supporting a prosperous rural economy;

Section 7: Requiring good design;

Section 8: Promoting healthy communities;

Section 9: Protecting Green Belt land;

Section 10: Meeting the challenge of climate change, flooding and coastal change;

Section 11: Conserving and enhancing the natural environment;

Section 13: Facilitating the sustainable use of minerals National Planning Policy Framework Technical Guidance was cancelled and replaced by National Planning Practice Guidance National Planning Practice Guidance (published 6 March 2014) – Minerals Section, Natural Environment Section, Noise Section, Planning obligations Section and Use of Planning Conditions Section.

Ministerial Statement - Planning for Growth - March 2011

The Waste (England and Wales) Regulations 2011 which came into effect on 28 September 2011 National planning policy for waste dated October 2014 The new Minerals Local Plan for Staffordshire (2015 to 2030) –Final Draft – June 2015 (which is the subject of a separate report on this Planning Committee agenda). Public consultation is due to take place in June and July 2015 before submission to the Secretary of State in December 2015 examination by an Inspector in the Spring of 2016. The County Council anticipates receiving the Inspector’s Report and being in a position to adopt the Plan in the autumn of 2016). [At this stage the new Plan is a material consideration but limited weight can be attached to the new Plan policies and proposals but weight will increase as the new Plan progresses towards adoption.]

Strategic Objective 1 (The sustainable economic development of minerals);

Strategic Objective 3 (Operating to high environmental standards);

Strategic Objective 4 (Restoration that enhances local amenity and the environment);

Policy 4 (Minimising the impact of mineral development);

Policy 6 (Restoration of Mineral Sites).

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/6077/2116950.pdf

http://planningguidance.planningportal.gov.uk/blog/policy/

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/8007/110331-Letter_to_Chief_Planning_Officers-_Planning_for_Growth.pdf

http://www.legislation.gov.uk/uksi/2011/988/contents/made

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/364759/141015_National_Planning_Policy_for_Waste.pdf

http://www.staffordshire.gov.uk/environment/planning/policy/mineralscorestrategy/home.aspx